Term
| Name two Congressional limits on the executive. |
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Definition
1. The President, Vp, and all civil officers may be removed from office on IMPEACHMENT for conviction of treason, bribery, high crimes, and misdemeanors. Requires 2/3 Senate vote.
2. If Congress explicitly mandates expenditure of funds, the President cannot refuse to spend or delay spending the funds. The president is only permitted to exercise spending discretion if the legislation so provides. |
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Term
| Can Congress legislatively veto an executive action? |
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Definition
| No, they must pass a bill. |
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Term
| Can Congress delegate its legislative power? |
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Definition
| Generally, it may not delegate its power (nondelegation doctrine), however, delegation of some of its authority is ok if Congress specifies an intelligible principle to guide the delegate. For example: Congress may lay and collect taxes, but taxes are actually collected by the IRS. Congress determines the amount to be taxed. |
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Term
| Can Congress reinstate the right to bring legal action after the Supreme Court has rejected the right? |
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Definition
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Term
| What is judicial immunity? |
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Definition
| A judge is absolutely immune from civil liability for damages resulting from judicial acts including grave procedural errors and acts done maliciously or in excess of authority unless there is a clear absence of all JX. |
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Term
| What is legislative immunity? |
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Definition
It protects members of Congress from civil and criminal liability for statements and conduct made in the regular course of the legislative process.
The protection does not grant immunity for taking a bribe. |
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Term
| What is executive privilege? What is the rule for disclosure in criminal trials? Civil? |
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Definition
Executive privilege is a privilege with respect to disclosure of confidential information by the executive branch to the judiciary or congress.
In a criminal trial: Presidential communications must be made available if the prosecution demonstrates a need for the information.
In Civil proceedings: The executive's decision to withhold production of information in a civil case is given greater deference than a criminal trial. |
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Term
| What is executive immunity? |
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Definition
The President may not be sued for civil damages with regard to any acts performed as part of the President's official responsibilities. The president has no immunity for acts that occurred before the President took office, or those completely unrelated to carrying out his job.
The privilege does not automatically apply to all executive officers. |
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Term
| What is the tenth amendment? |
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Definition
| The tenth amendment provides that all powers not assigned by the constitution to the Federal Government are reserved for the states or the people. |
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Term
| What is the commandeering limitation of the federal government? |
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Definition
| The federal government may not commandeer state legislatures by commanding them to enact specific legislation or administer a federal regulatory program. Congress may encourage state action that it cannot directly compel through its taxing and spending power. |
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Term
| In a suit between the united states and a state, who needs to consent before suit is filed. |
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Definition
| The united states needs to consent when a STATE files suit against it, but not vice versa. |
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